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Criminal Procedure Code of the Kyrgyz Republic - Legislationline

Criminal Procedure Code of the Kyrgyz Republic - Legislationline

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o<strong>the</strong>r persons who may have information on a crime, keep data related to a case shall enforce<br />

listening and recording <strong>of</strong> conversations.<br />

(2) Any instigator shall render a motivated resolution on <strong>the</strong> necessity to enforce control over<br />

conversations which shall get a warrant from a prosecutor. The resolution shall specify: a<br />

criminal case and grounds on <strong>the</strong> basis <strong>of</strong> which this investigatory action shall be enforced;<br />

full name <strong>of</strong> persons whose conversation are subject to listening and within what time limit;<br />

<strong>the</strong> name <strong>of</strong> an establishment which is authorized to enforce technically listening and<br />

recording <strong>of</strong> conversations. The resolution shall be filed by <strong>the</strong> investigator with a relevant<br />

establishment for an execution.<br />

(3) Listening and recording <strong>of</strong> conversations shall be established for a time limit not longer than<br />

six months and canceled when <strong>the</strong>re is no fur<strong>the</strong>r necessity in such measures but in any cases<br />

not later than after dismissal <strong>of</strong> a case or its filing with a court.<br />

(4) Within all <strong>the</strong> established time limit <strong>the</strong> investigator shall be authorized to examine and listen<br />

to recordings.<br />

(5) Examining and listening to recordings shall be made by <strong>the</strong> investigator with <strong>the</strong><br />

participation <strong>of</strong> identifying witnesses, and, if necessary, <strong>of</strong> a specialist, interpreter, and <strong>the</strong><br />

transcript shall be rendered on that and shall specify word by word a part <strong>of</strong> recordings<br />

relating to a case. The recordings shall be enclosed to a transcript and <strong>the</strong> part not relating to<br />

a case after its completion shall be eliminated.<br />

(6) Participants <strong>of</strong> connection, listening and recording procedure shall be warned and bear<br />

responsibility in accordance with <strong>the</strong> Article 333 <strong>of</strong> <strong>the</strong> <strong>Criminal</strong> <strong>Code</strong> <strong>of</strong> <strong>the</strong> <strong>Kyrgyz</strong><br />

<strong>Republic</strong> for disclosure <strong>of</strong> information became known to <strong>the</strong>m.<br />

SECTION 24. INTERROGATION, CONFRONTATION, IDENTIFICATION<br />

Article 189. Place and time <strong>of</strong> interrogation<br />

(1) Interrogation shall be made according to <strong>the</strong> place <strong>of</strong> prosecution. If <strong>the</strong> investigator<br />

considers it necessary he shall be authorized to make interrogation on place <strong>of</strong> staying <strong>of</strong> an<br />

interrogated.<br />

(2) Interrogation shall not last for more than 24 hours without breaks. Continuation <strong>of</strong> an<br />

interrogation shall start after not less than an hour break to have rest and meals and <strong>the</strong> total<br />

length <strong>of</strong> interrogation within a day shall not exceed eight hours. In case <strong>of</strong> medical evidence<br />

an interrogation length shall be established on <strong>the</strong> basis <strong>of</strong> doctors’ conclusions.<br />

Article 190. Summon for interrogation procedure<br />

(1) Any witness, victim as well as <strong>the</strong> suspect who is not in custody, <strong>the</strong> accused shall be<br />

summoned for interrogation with a citation. It shall specify who and in what capacity is<br />

summoned, to whom and to what address, time <strong>of</strong> appearance for interrogation and <strong>the</strong><br />

consequences <strong>of</strong> a failure to appear without valid causes.<br />

(2) Any citation shall be served upon a person and he has to give a receipt on that. When a<br />

summoned is absent a citation shall be served upon a full aged member <strong>of</strong> his family and if<br />

<strong>the</strong>re is none—to a dwelling agency or a local administration body or to an administration <strong>of</strong><br />

his work for <strong>the</strong>m to transfer it to <strong>the</strong> summoned and <strong>the</strong>y shall be obliged to do that. Any<br />

person may be summoned through utilization <strong>of</strong> o<strong>the</strong>r means <strong>of</strong> communication.

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